When Should You Not Call the Legal Hotline? While Driving

ORLANDO, Fla. – A Florida Realtors Legal Hotline caller got pulled over during her call, and it’s important to note that it’s now illegal to operate a “handheld wireless communications device” while driving in some areas. The ban includes almost any activity – phone calls, texting and apps – that requires a driver to hold an electronic device.

Florida Realtors who conduct business in their cars should be aware of two recent changes in Florida law that could have a significant impact on their everyday communications.

First, the Legislature created statutory section 316.306, which prohibits a person from operating a “handheld wireless communications device” in a designated school crossing, school zone or construction zone. Wireless communications devices include not only cell phones, but also tablets, laptops, walkie-talkies and electronic games. This change took effect on Oct. 1, 2019.

Second, the Legislature amended section 316.305 making it illegal to text while driving.

While texting while driving was already illegal in Florida, the previous version of the law only allowed police to issue a ticket if a driver was stopped for another offense. The latest amendment makes texting while driving a primary offense, which allows police to stop a driver solely for texting behind the wheel. This change took effect on July 1, 2019.

Richard Swank is a Florida Realtors attorney

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